pages: PublicArtCommission/2008-02-13.pdf, 2
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PublicArtCommission | 2008-02-13 | 2 | Ms. Huston mentioned enforcement and accountability. They feel that they are not succeeding. They want to find out why this is happening. Once they get it documented, they can amend the ordinance. She mentioned having fewer meetings and spending more money on public art. Its about finding the money and projects. Ms. Rosenberg said that the reason they are not seeing the projects is because they have not been approved. Ms. Huston mentioned Bay Ship and Yacht and that they had a lawsuit with the City and their application was lost. They had been exempted from the art requirement. She wants to talk about changing the ordinance. She said that Ms. Woodbury had some changes because when a developer submits proposals to the commission, they are often operating under temporary certificates of occupancy. It's too late in the process. Ms. Huston expressed concern with the design. Mr. Wolfe mentioned talking with the City attorney Ms. Rosenberg wants a timeline for how planning works. Ms. Huston asked what in ordinance allows developers to get a temporary certificate of occupancy before fulfilling the public art requirement. She asked if staff could ask Ms. Woodbury about having a discussion about this issue. How do they fix that problem? She brought up enforcement and said that she could only speak to Bridgeside. She explained what happened. The Mayor said that it is not enforceable. She suggested making them pay in- lieu fees. Mr. Wolfe wants a time frame regarding Bridgeside noncompliance and their discussion with the attorney and Ms. Woodbury's response to their inquiry. Mr. Biggs reminded the commission that they are a quasi-judicial body and to exercise caution with enforcement, especially with individuals. Applicants are entitled to due process. He suggested that the proper way to enforce non-compliance is to inform staff of deficiencies. It is staff's obligation to make sure the applicant is in compliance. Ms. Rosenberg mentioned the efficacy of their program. Ms. Huston said that Bridgeside is an example and should be used as an example of how to enforce. They have no means by which they can inform them. She feels that they are doing a good job on many levels. But they need an open policy so they can respond to all the projects on an ongoing basis. Mr. Wolfe mentioned that there are no medallions at Alameda Towne Centre. Ms. Huston said that the request for information is an on-going one and what she would like to do is incorporate the stream of information so that they have a record of all projects and wants to track where the money is going. Ms. Rosenberg suggested creating a checklist for the applicant so they can see what is checked off to make sure the progress is documented for enforcement. 2 | PublicArtCommission/2008-02-13.pdf |